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L931  h 
1914 


UNIVERSITY  OF 
ILLINOIS  LIBRARY 

AT  URBANA-CHAMPAiGN 

BOOKSTACK8 


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PUBLISHED  BY  THE 


(Ennammtum  ffinmmisaum 
of  Unmstatta 


CO.  INC.,  NEW  ORLEANS 


Ubkaky 

OF THE 

UHUVEESTTY  OF  ILLINOIS 
30  OCT  1914 

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PUBLISHED  BY  THE 

(Emtaemattmt  ffiommisaion 
nf  Hmriatana 


1914 


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01 
L  VI i 


Trapping  Licenses 
Act  293  of  1914 


An  ACT 

To  levy  an  annual  license  on  all  persons  trap¬ 
ping  or  catching  fur-bearing  animals  for 
the  purpose  of  selling  their  skins  or  deal¬ 
ing  in  same,  and  granting  to  the  Conser¬ 
vation  Commission  of  Louisiana  the  right 
to  provide  rules  and  regulations  concern¬ 
ing  the  collection  of  said  license,  and  to 
provide  penalties  for  the  violations  of  this 
Act. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  each 
and  every  person  engaged  in  hunting,  catch¬ 
ing  or  trapping  wild  fur  animals  in  Louisiana 
for  the  purpose  of  selling  their  skins,  shall 
pay  on  the  first  day  of  October  of  each  year 
before  they  begin  to  hunt,  catch  or  trap  said 
fur-bearing  animals,  an  annual  license  tax  of 
two  dollars  ($2.00)  to  the  Conservation  Com¬ 
mission  of  Louisiana;  provided  that  all  per¬ 
sons  so  hunting,  catching  or  trapping  fur¬ 
bearing  animals  not  residents  or  citizens  of 
this  State  shall  pay  an  annual  license  tax  of 
fifteen  ($15.00)  dollars. 

Section  2.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission,  during  the 
month  of  June  of  each  year  and  as  often  there- 


4r 


after  as  may  be  necessary,  shall  send  to  the 
Tax  Collector  of  each  parish  of  the  State  a 
book,  or  books,  containing  a  regularly  num¬ 
bered  series  of  licenses  provided  for  in  this 
Act.  On  the  first  day  of  each  month  each  Tax 
Collector  shall  make  a  return  to  the  Treas¬ 
urer  of  the  State  in  cash,  accompanied  by  a 
proper  report  of  all  licenses  that  shall  have 
been  issued  by  him,  less  five  per  centum  of 
the  sum  collected,  which  latter  amount  is  to 
be  deducted  by  the  Tax  Collector  in  full  pay¬ 
ment  of  his  services  in  issuing  said  licenses.  At 
the  same  time  each  Tax  Collector  shall  for¬ 
ward  to  the  Conservation  Commission  a  dupli¬ 
cate  of  the  report  sent  by  him  to  the  Treas¬ 
urer  of  the  State.  The  Treasurer  of  the  State 
shall  place  the  amount  received  by  him  under 
the  provision  of  this  Act  to  the  credit  of  the 
Conservation  Fund. 


GENERAL  GAME  AND  FISH  LAW— ACT 
204  OF  1912,  AS  AMENDED  (SECTIONS 
2,  5,  6,  7,  8,  9,  11,  13,  16,  18,  22,  33,  34,  35, 
36,  37,  38,  45,  60,  63,  AND  64)  BY  ACT  47 
OF  1914. 

Birds  and  Game — Sections  1  to  32. 

Fresh  Water  Fish — Sections  33  to  58. 

Diamond-Back  Terrapins — Sections  59  to  63. 

An  ACT 

To  conserve  the  natural  resources  of  the  State 
of  Louisiana,  including  the  natural  wild 
life  on  land  and  in  the  waters  of  the  State, 
and  also,  the  soil,  mineral  and  forestry  re¬ 
sources  of  the  State;  to  provide  a  code  of 
laws  governing  the  conservation  of  the  nat- 


— 5— 


ural  resources  of  the  State;  to  vest  in  the 
State  the  title  to  all  wild  life  of  the  State 
and  to  provide  in  what  manner  such  wild 
life  may  be  made  subject  to  private  own¬ 
ership  ;  to  regulate  the  time  when,  the 
manner  in  which  and  the  number  of  va¬ 
rious  species  of  wild  life  that  may  be 
taken,  and  when  they  may  not  be  taken; 
to  provide  how  much  species  of  wild  life 
reduced  to  private  ownership  may  be 
shipped  and  transported  within  and  with¬ 
out  the  State ;  to  define  what  shall  be  con¬ 
sidered  to  be  game  birds  and  game  fish,  to 
prohibit  the  sale  of  game  birds  and  certain 
wild  quadrupeds,  and  designate  what  game 
birds  may  be  sold;  to  prohibit  the  libera¬ 
tion  in  the  State  of  imported  game  birds 
without  the  consent  of  the  Conservation 
Commission;  to  provide  for  the  establish¬ 
ing  and  regulation  of  game  preserves  of 
propagating  and  resting  places,  and  pro¬ 
hibiting  trespassing  or  depredating  there¬ 
on;  to  regulate  the  taking  of  fresh  water 
fish  in  the  waters  of  the  State  and  the  ship¬ 
ment  and  the  sale  of  such  fish  in  this  State ; 
prohibiting  the  sale  of  all  game  fish;  to 
provide  for  the  confiscation  of  unlawful 
fishing  devices;  to  provide  for  the  propa¬ 
gation  of  fish  and  the  establishing  of  fish 
preserves;  to  prohibit  the  taking  of  fish 
under  certain  circumstances;  to  prevent 
the  destruction  of  fish  by  certain  means 
and  the  polluting  of  the  waters  of  the  State 
and  the  obstruction  of  the  passage  of  fish ; 
to  regulate  the  taking  and  having  in  pos¬ 
session  and  sale  of  terrapin  in  the  waters 
of  the  State ;  to  regulate  the  taking  of  wild 


— 6— 


deer  and  other  wild  quadrupeds ;  to  estab¬ 
lish  certain  definitions  and  constructions 
used  in  connection  with  this  Act;  and  to 
provide  penalties  therefor  and  to  repeal 
all  laws  in  conflict  herewith. 

TITLE  TO  WILD  LIFE  AND  FISH. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  the  own¬ 
ership  and  title  to  all  fish,  birds,  and  wild  quad¬ 
rupeds  found  in  the  State  of  Louisiana,  or  in 
the  waters  under  the  jurisdiction  of  the  State 
not  held  by  private  ownership  legally  acquired, 
is  hereby  declared  to  be  in  the  State ;  no  fish, 
birds  or  wild  quadrupeds  shall  be  caught,  taken 
or  killed  in  any  manner  or  at  any  time  or  had 
in  possession  except  the  persons  so  catching, 
taking  or  killing  or  having  the  same  in  pos¬ 
session,  shall  consent  that  the  title  to  such  fish, 
birds  and  wild  quadrupeds  shall  be  and  remain 
in  the  State  of  Louisiana  for  the  purpose  of 
regulating  and  controlling  the  use  and  disposi¬ 
tion  of  the  same  after  such  catching,  taking,  or 
killing,  except  that  the  title  to  such  fish,  birds 
or  wild  quadrupeds  legally  taken  shall  vest  in 
the  person  so  taking  or  possessing  them,  sub¬ 
ject  to  the  restrictions  and  provisions  of  law. 

HOURS  IN  WHICH  GAME  BIRDS  MAY  BE 
KILLED. 

Section  2.  Be  it  further  enacted,  etc.,  That 
no  person  at  any  time  of  the  year  shall  pursue, 
take,  wound,  or  kill  in  any  manner,  number  or 
quantity  any  fish,  birds,  or  wild  quadrupeds 
protected  by  law,  or  buy,  sell,  offer  or  expose 
the  same  or  any  part  thereof  for  sale,  transport 


— 7— 


or  have  the  same  in  possession  except  as  per-* 
mitted  by  law.  All  game  birds,  including  water 
^fowl  protected  by  law,  shall  be  taken  only  in 
the  daytime  between  the  time  of  sunrise  and  of 
sunset,  and  then  only  with  a  gun  fired  from  the 
shoulder  without  rest. 

TRANSPORTATION  OF  GAME. 

Section  3.  Be  it  further  enacted,  etc.,  That 
no  common  carrier  or  person  in  its  employ 
while  engaged  in  such  business  of  common  car¬ 
rier  shall  transport  any  wild  game  protected 
by  law  or  any  part  thereof  except  as  may  be 
permitted  by  law. 

A  person  may  transport  within  the  State  in 
one  day  during  the  open  season  or  cause  to  be 
transported  by  another  the  number  or  limit  of 
game  that  he  may  lawfully  take  in  one  day 
when  such  game  is  intended  for  sale,  provided 
that  a  person  transporting  or  shipping  game 
shall  produce  a  written  declaration  signed  by 
the  hunter  who  killed  the  said  game,  setting 
forth  the  number  and  species  of  birds  killed, 
the  day  on  which  they  were  killed  and  the 
number  of  his  hunting  license ;  and  when  trans¬ 
porting  or  shipping  for  another  he  must  pro¬ 
duce  a  similar  written  declaration  signed  by 
the  hunter  for  whom  he  is  making  the  ship¬ 
ment,  these  declarations  to  be  made  on  forms 
to  be  furnished  by  the  Conservation  Commis¬ 
sion  without  cost,  and  forms  to  be  attached  to 
the  package  containing  the  shipment;  Any 
hunter  failing  to  attach  such  form  to  his  ship¬ 
ment  or  signing  the  name  of  another  hunter  to 
any  form,  or  making  any  false  statement  in  his 
declaration,  shall  be  guilty  of  a  misdemeanor. 


-8— 


If  such  game  be  placed  in  the  custody  of  a 
common  carrier,  and  transported  in  any  pack¬ 
age  by  the  said  company,  any  package  contain¬ 
ing  the  same  shall  have  affixed  thereto  a  tag 
plainly  marked  with  the  kind  and  number  of 
such  game,  the  names  of  the  consignors  and 
consignees,  the  initial  point  of  billing  and  the 
destination.  A  resident  amateur  hunter  may 
carry  with  him  on  any  common  carrier  or  ship 
when  properly  tagged,  which  tag  shall  contain 
his  name  and  hunting  license  number,  any 
game  that  he  may  have  lawfully  taken  on  any 
hunting  trip ;  but  such  game  cannot  be  offered 
for  sale. 

Wild  game  protected  by  law,  if  legally  taken 
by  a  non-resident,  may  be  transported  by  him 
from  any  point  within  the  State  to  a  point 
out  of  the  State,  provided  the  same  shall  be 
accompanied  by  the  actual  owner  thereof,  and 
is  not  intended  for  sale. 

Such  wild  game  must  be  tagged  and  marked 
as  provided  in  this  section,  and  no  more  of 
any  kind  of  wild  game  shall  be  transported  than 
the  owner  thereof  may  lawfully  take  in  one 
day. 

Game  raised  in  private  preserves  as  provided 
in  this  Act,  when  duly  marked  and  tagged  to 
identify  it  as  such,  may  be  transported  within 
or  out  of  the  State,  unaccompanied  by  the 
owner  thereof  in  any  number  or  quantity. 

Game  for  propagation  purposes,  the  head, 
hide,  feet  or  fur  of  wild  quadrupeds  and  the 
plumage  or  skin  of  birds  legally  taken  and  pos¬ 
sessed  may  be  transported  within  or  without 
the  State,  if  the  package  containing  the  same 
be  properly  marked  to  identify  it  as  such. 


— 9— 

PROTECTION  OF  DEER. 

Section  4.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission  shall  be  vested 
with  authority  to  fix  the  open  season  during 
which  wild  deer  other  than  fawns,  may  be 
killed  in  the  various  parishes  of  the  State. 
The  open  season  shall  not  exceed  five  months 
and  must  include  the  months  of  November  and 
December,  otherwise  the  Commission  may  vary 
the  open  season  to  suit  the  conditions  of  the 
several  individual  parishes.  No  deer  shall  be 
killed  for  sale  or  offered  or  had  in  possession 
for  sale.  A  person  may*  take  five  such  wild 
deer  in  an  open  season  and  may  possess  two 
(2)  carcasses  or  parts  thereof  at  any  one  time. 

PROTECTION  OF  SQUIRRELS. 

Section  5.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill  any 
squirrels  between  the  fifteenth  day  of  Febru¬ 
ary  and  the  first  day  of  October,  inclusive.  A 
person  may  kill  fifteen  (15)  squirrels  in  any 
one  day.  They  must  be  bought  and  sold  dur¬ 
ing  the  open  season. 

PROTECTION  OF  FUR-BEARING  ANIMALS. 

Section  6.  Be  it  further  enacted,  etc.,  That 
mink,  otters,  muskrats,  raccoons,  beavers, 
skunks,  fox  and  opossums  may  be  taken  in  any 
manner  and  bought  and  sold  and  possessed 
from  the  first  day  of  November  to  the  fifteen 
day  of  February,  both  inclusive;  except  that 
muskrats  may  be  killed  at  any  time  when 
found  within  five  (5)  miles  of  any  levee;  and 
provided  further  that  the  owner  of  any  place 
on  which  any  of  said  animals  are  depredating 


—10- 


may  kill  them  at  any  time;  and,  provided  fur¬ 
ther  that  whenever  in  the  opinion  of  the  Con¬ 
servation  Commission  muskrats  are  causing  or 
might  cause  damage  to  cultivated  or  pastured 
lands  then  and  in  that  event  the  Conservation 
Commission  be  and  is  hereby  authorized  to 
permit  the  taking  and  snaring,  trapping  or 
killing  of  such  muskrats  as  in  the  opinion  of 
the  Commission  may  be  causing,  or  may  cause, 
damage  to  such  cultivated  or  pastured  lands 
at  any  time.  All  skins  of  said  animals  killed 
during  the  open  season  may  be  had  in  pos¬ 
session  during  the  closed  season. 

Section  7.  Be  it  further  enacted,  etc.,  That 
rabbits  and  wild  cats  may  be  taken  in  any 
manner  and  at  any  time,  and  may  be  possessed 
and  bought  and  sold. 

PROTECTION  OF  GAME  BIRDS. 

Section  8.  Be  it  further  enacted,  etc.,  That 
the  following  only  shall  be  considered  game 
birds:  Wild  geese,  brant,  wild  sea  and  river 
ducks,  wood  ducks,  grosbecs,  rails  (mud  hens), 
coots  (poule  d’eau),  gallinules,  snipe,  wood¬ 
cock,  sandpipers  (chorooks  and  papabotte),  tat- 
lers,  curlews,  plover,  wild  turkeys,  imported 
pheasants  and  partridges,  grouse,  prairie 
chickens,  quail,  doves  and  red-winged  black¬ 
birds. 


CLOSED  SEASON. 

Section  9.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill, 
snare,  trap,  or  in  any  w7ay  take,  capture,  an¬ 
noy  or  destroy,  any  bird  during  the  closed 
season,  which  is  hereby  fixed  as  the  period 


—11— 


from  February  16th  to  November  1st  in  each 
year.  Red-winged  blackbirds  may  be  killed  at  ' 
any  time.  No  wild  ducks  may  be  killed  for  the 
purpose  of  being  used  for  bait  for  traps,  nor 
shall  any  wild  ducks  be  used  for  that  purpose. 
Any  person  found  guilty  of  violating  this  pro¬ 
vision  of  this  law  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  punished  as  pro¬ 
vided  for  in  this  law. 

SPECIAL  CLOSED  PERIOD  ON  CERTAIN 
GAME  BIRDS. 

Section  10.  Be  it  further  enacted,  etc.,  That 
prairie  chickens,  kildeer,  phesants  (imported 
or  native),  and  wild  turkey  hens,  shall  not  be 
killed,  or  had  in  possession  at  any  time  until 
December  1st,  1915,  nor  thereafter  except  from 
November  1st  to  December  31st  of  any  year. 

BAG  LIMIT  ON  GAME  BIRDS. 

Section  11.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill  or 
destroy  more  than  one  wild  turkey  cock,  or 
twenty-five  wild  river  and  sea  ducks,  poule 
d’eau,  chorooks  or  doves,  or  fifty  snipe  or  fif¬ 
teen  of  any  other  game  birds  in  one  day  during 
the  open  season  named  herein. 

PROTECTION  OF  NESTS  OF  BIRDS. 

Section  12.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  take,  de¬ 
stroy  or  attempt  to  take  or  destroy,  the  nests 
or  eggs  of  any  of  the  birds  protected  by  law, 
unless  it  be  done  by  order  of  the  Conservation 
Commission  for  purpose  of  re-stocking,  breed¬ 
ing  and  propagating;  provided,  that  no  per- 


12- 


son  shall  invade  or  go  upon  private  property 
for  the  purpose  of  gathering  eggs,  even  by 
order  of  said  Commission,  when  the  owner  or 
beeper  of  such  property  objects  thereto. 

SALE  OF  GAME  BIRDS  IN  CLOSED  SEASON. 

Section  13.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  sell,  offer  for  sale,  or  have  in 
possession  any  game  bird  or  birds,  dead  or 
alive,  after  the  fifteenth  day  of  February  until 
the  first  day  of  November  in  each  year  as  well 
as  during  the  closed  seasons  fixed  in  this  Act 
except  as  otherwise  permitted. 

COLD  STORAGE  OF  GAME. 

Section  14.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  sell,  exchange,  expose,  offer  for 
sale  or  exchange,  have  in  possession  or  keep 
in  cold  storage,  either  for  himself  or  others, 
any  game  birds  mentioned  in  this  Act,  during 
the  closed  seasons  noted  herein,  irrespective  of 
the  time,  when  or  place  where  such  birds  were 
killed  or  captured,  except  as  otherwise  per¬ 
mitted.  Provided,  however,  that  any  game  on 
hand  at  the  close  of  the  season  may  be  offered 
for  sale  and  disposed  of  during  the  first  five 
days  after  the  close  of  season. 

OWNERSHIP  OF  BIRDS  IN  CONFINEMENT. 

Section  15.  Be  it  further  enacted,  etc.,  That 
game  birds  and  wild  quadrupeds  propagated 
and  maintained  in  confinement  shall  be  the 
property  of  the  person  so  propagating  and 
maintaining  them;  provided,  that  they  shall 


—13— 


not  be  sold  during  the  close  season  for  similar 
wild  birds. 

KINDS  OF  GAME  BIRDS  THAT  MAY  BE  SOLD. 

Section  16.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  firm  or 
corporation,  to  sell,  offer  for  sale,  or  have  in 
possession  for  sale,  any  game  birds  protected 
by  law  except  wild  sea  and  river  ducks,  coots 
or  poule  d’eau,  snipe,  geese,  brant  and  rail. 
Wild  sea  and  river  ducks,  coots  or  poule  d’eau, 
snipe,  geese,  brant  and  rail  may  be  sold  be¬ 
tween  December  15  and  February  15  of  each 
year.  It  shall  be  unlawful  for  any  person,  firm 
or  corporation,  to  sell,  offer  for  sale  or  have 
in  possession  for  sale,  any  wild  sea  and  river 
ducks,  coots  or  poule  d’eau,  snipe,  geese,  brant 
and  rail  between  the  15th  day  of  February 
and  the  15th  day  of  December  of  each  year, 
and  any  persons  so  offending  shall  be  subject 
to  prosecution  for  violating  the  provisions  of 
this  Act,  and  upon  conviction  shall  suffer  the 
penalties  provided  by  Section  65  of  this  Act. 
The  sale,  possession  or  offering  for  sale  of  each 
bird  contrary  to  the  provisions  of  this  section 
shall  constitute  a  separate  offense.  Any  birds 
so  sold,  held  in  possession,  or  offered  for  sale 
contrary  to  the  provisions  of  this  section  shall 
be  confiscated  by  the  Conservation  Commission 
of  Louisiana. 

IMPORTATION  AND  EXPORTATION  OF  GAME 
BIRDS. 

Section  17.  Be  it  further  enacted,  etc.,  That 
no  wild  game  birds  of  any  species  from  with¬ 
out  the  State  shall  be  liberated  within  the 


-14- 


State,  except  upon  written  consent  of  the  Con¬ 
servation  Commission ;  and  no  wild  game  birds 
taken  within  the  State  shall  be  exported  from 
the  State  except  as  herein  specially  provided. 

SETTING  OF  FIRES. 

Section  18.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  during  the 
game  breeding  season,  to-wit:  from  the  15th 
day  of  February  to  the  1st  day  of  November  of 
each  year  to  set  fire  to  any  wild  woodland, 
marsh  land  or  prairie  land. 

GAME  AND  FISH  ON  PRESERVES. 

Section  19.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill, 
pursue,  take,  snare,  have  in  possession,  or  in¬ 
jure  by  any  means  upon  the  land  or  water  of 
any  game  or  fish  preserve  in  any  parish  of  the 
State,  whether  enclosed  or  unenclosed,  that  may 
be  designated  and  set  apart  by  the  Conserva¬ 
tion  Commission  as  game  and  fish  propagating 
and  breeding  grounds,  any  wild  birds  protect¬ 
ed  at  any  time  by  law,  except  under  regula¬ 
tions  of  the  Conservation  Commission. 

The  killing  or  having  in  possession  of  each 
such  protected  game  birds  shall  constitute  a 
separate  offense. 

HUNTING  ON  LANDS  OF  ANOTHER. 

Section  20.  Be  it  further  enacted,  etc.,  That 
nothing  in  this  Act  shall  be  construed  to  give 
the  holder  of  a  hunting  license  permission  to 
hunt  on  the  cultivated  or  pasture  lands  of  an¬ 
other  person  without  the  written  consent  of 
said  owner. 


-15- 

killing  OF  DESTRUCTIVE  BIRDS  AND 
ANIMALS. 

Section  21.  Be  it  further  enacted,  etc.,  That 
in  the  event  that  any  species  of  birds  or  wild 
quadrupeds  protected  by  law  shall  at  any  time, 
in  any  locality,  become  destructive  of  private  or 
public  property,  the  Commission  shall  have 
power,  in  its  discretion,  to  direct  any  Conserv¬ 
ation  Agent,  or  issue  a  permit  to  any  citizen 
of  the  State,  to  take  such  species  of  birds  or 
quadrupeds  and  dispose  of  them  in  such  man¬ 
ner  as  the  Commission  may  provide. 

RIGHT  TO  ESTABLISH  PROPAGATING 
GROUNDS. 

Section  22.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission  may  establish, 
operate  and  maintain  a  propagating  ground  or 
nesting  place  on  any  or  all  State  game  pre¬ 
serves  for  the  protection  and  propagation  of 
birds,  fish  or  game,  and  the  Commission  may 
distribute  birds,  fish  and  game  at  any  point, 
or  points  in  this  State,  and  may  do  whatever 
may  be  necessary  to  carry  this  provision  into 
effect. 

That  a  private  propagating  ground,  or  nest¬ 
ing  place  for  the  protection  of  birds,  fish  or 
game  may  be  established  by  a  resident  owner 
or  person  by  publishing  once  a  week,  for  not 
less  than  four  weeks,  in  a  newspaper  printed 
in  the  parish  or  nearest  place  where  such  land 
or  lands  and  water  are  situated,  a  notice  sub¬ 
stantially  describing  the  same,  and  stating  that 
it  will  be  used  as  a  private  propagating  ground, 
and  resting  place  to  propagate  and  protect  fish, 
birds  or  game  for  the  owner’s  use.  Part  of  a 


-16- 


lake  or  pond  may  be  laid  out  in  a  private  park 
if  all  riparian  owners,  including  owners  of  the 
bed  thereof,  consent  thereto  in  writing.  If  the 
State  of  Louisiana  be  such  owner  such  consent 
may  be  given  by  the  Commission.  But  waters 
stocked  with  fish  by  the  State  with  the  con¬ 
sent  of  the  owner  at  any  time  shall  not  be  laid 
out  in  any  such  park.  If  waters  or  lands  are 
hereafter  stocked  by  the  State  with  fish  or 
game,  with  the  consent  or  knowledge  of  the 
owner,  the  provisions  of  this  section  shall  no 
longer  apply  thereto.  An  owner  having  so  es¬ 
tablished  such  a  private  propagating  ground 
cannot  hunt  thereon. 

POSTING  OF  GAME  PRESERVES. 

Section  23.  Be  it  further  enacted,  etc.,  That 
notices  or  sign  boards,  not  less  than  one  foot 
square,  warning  all  persons  against  hunting 
or  fishing  or  trespassing  thereon,  for  that  pur¬ 
pose,  shall  be  conspicuously  posted  and  main¬ 
tained  on  such  private  propagating  grounds  or 
resting  place  os  follows : 

Not  more  than  forty  (40)  rods  apart  along 
the  entire  boundary  thereof,  if  it  consist  of  a 
lake  or  pond  only,  in  at  least  four  conspicuous 
places  on  or  near  the  shores  thereof ;  if  it  con¬ 
sists  of  a  stream  only,  not  more  than  one-half 
mile  apart,  on  the  banks  thereof.  If  such  prop¬ 
agating  grounds  or  resting  place  be  fenced, 
upon  part  or  whole  of  the  outer  boundary 
thereof,  notices  shall  be  placed  on  or  near  the 
fence,  not  more  than  forty  (40)  rods  apart- 
It  shall  be  considered  due  service  of  notice  for 
trespass  upon  any  person  or  person  by  serving 
them  personally  in  the  name  of  the  owner  or 
owners  of  such  private  propagating  grounds  or 


—17— 


resting  places  with  a  written  notice  containing 
a  brief  description  of  the  premises,  warning  all  ' 
persons  against  hunting  or  fishing,  or  trespass¬ 
ing  thereon. 

Section  24.  Be  it  further  enacted,  etc.,  That 
a  resident  owner  or  person  having  the  exclus¬ 
ive  right  to  hunt  or  fish  upon  enclosed  or  cul¬ 
tivated  lands,  or  to  take  fish  in  a  pond  or 
stream  and  desiring  to  protect  same,  shall 
maintain  such  notices  or  sign-boards,  as  are  de¬ 
scribed  in  the  preceding  section,  and  one  sign 
at  each  comer  thereof ;  or  if  waters  only,  upon 
or  near  the  shores  thereof,  in  at  least  two  con¬ 
spicuous  places,  or  may  personally  serve  a 
written  notice  in  the  name  of  such  owner  or 
person  containing  a  brief  description  of  the 
premises,  warning  all  persons  against  hunting 
or  fishing  or  trespassing  thereon  for  that  pur¬ 
pose. 

Section  25.  Be  it  further  enacted,  etc.,  That 
upon  written  application  of  the  Commission, 
accompanied  by  one  dollar  ($1.00)  for  every 
ten  notices,  or  part  of  ten  notices  applied  for, 
printed  notices  may  be  furnished  by  the  Com¬ 
mission. 

Section  26.  Be  it  further  enacted,  etc.,  That 
no  person  shall  take  or  disturb  fish,  birds  or 
game,  in  any  private  park  or  private  lands,  or 
trespass  thereon,  for  that  purpose,  after  notice 
as  prescribed  herein. 

Section  27.  Be  it  further  enacted,  etc.,  That 
a  person  who  injures,  defaces  or  removes  a  no¬ 
tice  or  signboard,  placed  or  maintained  pursu¬ 
ant  to  the  provisions  of  this  Act,  is  guilty  of  a 
misdemeanor,  and  liable  to  a  penalty  of  not 
less  than  five  ($5)  dollars  nor  more  than  twen¬ 
ty-five  ($25.00)  dollars. 


—18- 


prohibition  OF  KILLING  AND  TAKING  OF 

BIRDS  AND  GAME  ON  STATE  PRESERVES. 

Section  28.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill, 
snare,  or  pursue,  with  intent  to  kill  or  take  by 
any  means,  or  to  have  in  possession,  any  wild 
animal  or  bird  upon  any  of  the  State  game  pre¬ 
serves  now  designated  as  such,  or  that  may 
hereafter  be  designated  as  such  by  the  Con¬ 
servation  Commission.  The  killing  or  pursu¬ 
ing,  with  intent  to  kill,  snare  or  take,  or  the 
having  in  possession  of  each  wild  animal  or 
bird,  on  said  preserves,  shall  constitute  a  sep¬ 
arate  offense. 

This  section  shall  not  prohibit  the  Conserv¬ 
ation  Commission  from  killing  or  having  killed 
any  wolves,  wild  cats,  or  other  noxious  animals 
on  lands  under  their  supervision,  or  from  hav¬ 
ing  caught  or  ensnared  any  wild  animals  or 
birds  for  the  purpose  of  propagation,  restock¬ 
ing,  educational  purposes,  or  scientific  investi¬ 
gation. 

PROTECTION  OF  INTRODUCED  BIRDS  AND 
ANIMALS. 

Section  29.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  to  catch,  kill,  snare  or 
pursue,  any  wild  animal  or  bird,  imported  into 
this  State  by  the  Federal  Government,  or  by 
any  person  or  association  of  persons,  under  the 
supervision  and  consent  of  the  Conservation 
Commission,  for  the  purpose  of  experimental 
tion  or  propagation. 


—19— 

RIGHT  OF  STATE  TO  ACCEPT  LANDS  FOR 

GAME  PRESERVES.  * 

Section  30.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission  is  hereby  em¬ 
powered  to  accept  from  any  resident  owner, 
firm,  corporation,  State  or  Federal  Govern¬ 
ment,  any  lands  or  waters  suitable  for  game 
and  fish  preserves,  to  designate  and  set  apart 
same  as  game  and  fish  preserves,  and  to  pro¬ 
vide  such  rules  and  regulations,  not  contrary 
to  law,  for  the  conservation  of  the  birds,  game 
and  fish  found  thereon. 

PENALTIES. 

Section  31.  Be  it  further  enacted,  etc.,  That 
a  person  who  violates  any  provision  of  the  sec¬ 
tions  of  this  Act  relative  to  game  preserves, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  a  fine  of  not  less  than  five  ($5.00) 
dollars  nor  more  than  one  hundred  ($100.00) 
dollars,  with  costs  of  suit,  for  each  offense  or 
trespass,  to  be  imposed  by  any  court  of  com¬ 
petent  jurisdiction. 

PROTECTION  OF  FRESH  WATER  FISH. 

Section  32.  Be  it  further  enacted,  etc.,  That 
no  person  within  the  State  of  Louisiana  shall 
catch,  have  in  possession,  or  attempt  to  catch 
or  hold  in  possession,  living  or  dead,  any  fresh 
water  fish,  or  purchase  or  offer  for  sale  any 
such  fish  after  same  has  been  caught,  except  as 
otherwise  permitted. 

USE  OF  SEINES  AND  HOOP  NETS. 

Section  33.  Be  it  further  enacted,  etc.,  That 
the  setting  of  hoop  nets  in  bayous  and  lagoons 


—20— 


and  streams  of  less  than  forty  yards  in  width, 
and  the  seining  of  fish  in  the  fresh  waters  of 
the  State  is  hereby  prohibited,  except  that  the 
•  Conservation  Commission  for  the  consideration 
hereinafter  expressed  may  grant  permits  and 
issue  licenses  to  seine  for  the  common  species 
of  fish  such  as  buffalo  and  catfish  in  water  west 
of  the  Mississippi  River,  within  seventy  (70) 
miles  of  salt  water,  and  in  Lakes  Poston  and 
Phelps  in  Bossier  Parish,  Grand  Lake  in  St. 
Mary  Parish,  all  lakes  and  bayous  in  Cata'nou- 
la  Parish,  all  lakes  in  Terrebonne  Parish,  Lake 
Verret  in  Assumption  Parish,  or  in  any  other 
lakes,  streams,  bayous  or  lagoons  of  this  State 
when  in  the  opinion  of  the  Conservation  Com¬ 
mission  the  granting  of  such  permits  and  the 
issuing  of  such  licenses  may  not  be  detrimental 
to  the  interests  of  the  State,  and  under  suita¬ 
ble  rules  and  regulations.  Said  licenses  and 
permits  shall  not  be  issued  except  upon  the 
payment  of  twenty-five  ($25.00)  dollars  per 
annum  for  each  seine  measuring  less  than  three 
hundred  (300)  feet  in  length;  fifty  ($50.00) 
dollars  per  annum  for  each  seine  measuring 
over  three  hundred  (300)  feet  in  length  and 
less  than  six  hundred  (600)  feet  in  length; 
and  one  hundred  ($100.00)  dollars  per  annum 
for  each  seine  measuring  over  six  hundred 
(600)  feet  in  length;  provided  any  license  or 
permit  may  be  revoked  or  recalled  by  the  Com¬ 
mission  whenever  it  is  shown  by  fish  experts 
that  the  seining  of  fish  thereunder  is  detri¬ 
mental  to  the  game  fish  resources  of  the  State 
as  determined  by  the  Conservation  Commis¬ 
sion. 

The  prohibition  in  this  section  shall  not  ap¬ 
ply  to  the  use  of  minnow  seines  or  small  shrimp 


-21- 


seines  for  the  sole  and  only  purpose  of  catch¬ 
ing  minnows  or  shrimp  for  bait. 

WHOLESALE  BUYING  OR  SHIPPING  LICENSES. 

Section  34.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  resident  firm  or 
corporation  to  engage  in  the  business  of  whole¬ 
sale  buying  or  shipping  of  fresh  water  fish 
other  than  game  fish,  unless  he  or  they  shall 
have  first  secured  a  license  from  the  Conserv¬ 
ation  Commission  on  the  following  basis : 
Dealers  buying  or  shipping  less  than  50 

barrels  a  month . $  5.00 

More  than  50  and  less  than  100  barrels 

per  month  .  15.00 

More  than  100  and  less  than  150  barrels 

per  month  . .' .  25.00 

More  than  150  and  less  than  200  barrels 

per  month  .  30.00 

More  than  200  and  less  than  250  barrels 

per  month  .  40.00 

More  than  250  .  50.00 

NON-RESIDENT  LICENSES. 

Section  35.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  unnaturalized  for¬ 
eign-born  resident  or  for  any  non-resident  firm 
or  corporation,  to  engage  in  the  business  of 
wholesale  buying  or  shipping  of  fresh  water 
fish  other  than  game  fish,  unless  he  or  they 
shall  have  first  secured  a  license  from  the  Con¬ 
servation  Commission  on  the  following  basis: 
Dealers  or  buyers  shipping  less  than  50 

barrels  per  month . $  25.00 

More  than  50  and  less  than  100  barrels 
per  month 


40.00 


-22- 


More  than  100  and  less  than  150  barrels 

per  month  .  55.00 

More  than  150  and  less  than  200  barrels 

per  month  .  70.00 

More  than  200  and  less  than  250  barrels 

per  month  .  85.00 

More  than  250  .  150.00 

Each  and  every  person  holding  or  operating 
under  a  license  issued  by  the  Commission  un¬ 
der  the  provisions  of  this  section  or  of  Section 
34  of  this  Act  shall  on  or  before  the  5th  day 
of  each  month  furnish  the  Commission  with  a 
statement  duly  sworn  to  by  the  person  to  whom 
the  license  is  issued  setting  forth  and  showing 
in  detail  the  number  of  fresh  water  fish,  the 
several  species  or  kinds  thereof  and  the  weight 
in  pounds  of  each  species  or  kind  of  fresh 

water  fish  purchased  and  shipped  by  the  party 
making  the  report  or  statement  during  the  im¬ 
mediately  preceding  month.  Any  person  fail¬ 
ing  to  make  the  statement  herein  required  with¬ 
in  the  time  and  in  the  manner  named  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  con- 
eviction  shall  be  punished  under  the  provisions 
of  this  Act. 

Section  36.  Be  it  further  enacted,  etc.,  That 
vessels  purchasing  fresh  water  fish  to  make  up 
a  cargo  shall  procure  a  license  permitting  the 
conduct  of  such  business,  which  shall  be  graded 
upon  the  tonnage  of  the  boat  employed  on  the 
following  basis,  to-wit : 

CARGO  LICENSE. 

For  an  open  skiff  if  propelled  by  a  gasoline 
engine,  the  license  shall  be  five  ($5.00)  dollars 
per  annum. 

For  a  boat  which  does  not  exceed  five  tons. 


—23— 


the  license  shall  be  twenty  ($20.00)  dollars 
per  annum;  where  the  tonnage  is  more  than 
five  tons  and  not  exceeding  ten  tons,  the  license 
shall  be  thirty  ($30.00)  dollars  per  annum; 
where  the  tonnage  exceeds  ten  tons  the  license 
shall  be  forty  ($40.00)  dollars  per  annum;  and 
every  such  licensed  vessel  shall  carry  on  board 
a  suitable  book  in  which  a  daily  record  shall 
be  made  of  all  the  fish  purchased,  giving  the 
date  of  purchase,  the  name  of  the  person  or 
vessel  from  which  purchased  and  the  quantity 
of  fish  purchased,  which  said  record  shall  at 
all  times  be  open  to  the  inspection  of  the  offi¬ 
cials  of  said  Commission  and  extracts  there¬ 
from  shall  be  furnished  said  Commission  when¬ 
ever  required.  Each  and  every  person  holding 
and  operating  under  a  license  issued  by,  the 
Commission  under  the  provisions  of  this  sec¬ 
tion  shall  on  or  before  the  5th  day  of  each 
month  furnish  the  Commission  with  a  state¬ 
ment  duly  sworn  to  by  the  party  to  whom  the 
license  is  issued,  setting  forth  and  showing  in 
detail  the  number  of  fresh  water  fish  pur¬ 
chased,  the  name  of  the  person,  firm  or  corpor¬ 
ation  from  whom  or  from  which  purchased  by 
the  party  making  the  report  or  statement  dur¬ 
ing  the  immediately  preceding  month.  Any 
person  failing  to  make  the  statement  herein  re¬ 
quired  within  the  time  and  in  the  manner 
named  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  punished  under  the 
provisions  of  this  Act. 

CLOSED  SEASON  AND  SIZE  LIMITON  BUFFALO 
FISH  AND  CAT  FISH. 

Section  37.  Be  it  further  enacted,  etc.,  That 


—24— 


it  shall  be  unlawful  for  any  person  to  set  or 
draw  any  seine,  hoopnet,  trotline,  bushline,  or 
setline  for  the  purpose  of  catching  buffalo  fish 
between  the  15th  day  of  February  and  the  15th 
day  of  April,  and  any  paddle-fish,  commonly 
called  spoon-bill  cat  between  the  1st  day  of 
January  and  the  15th  day  of  July;  and  any 
species  of  fresh  water  catfish  between  the  15th 
day  of  May  and  the  15th  day  of  July. 

No  buffalo  fish  or  fresh  water  catfish  less 
than  twelve  inches  in  length  shall  be  had  in 
possession,  nor  shall  any  paddle-fish  (or  spoon¬ 
bill  cat)  be  had  in  possession  which  does  not 
contain  roe  suitable  to  be  manufactured  or  con¬ 
verted  into  caviar. 

Any  such  buffalo  or  fresh  water  catfish  of 
less  size  than  above  specified  or  any  such  pad¬ 
dle-fish  not  containing  roe  as  above  specified, 
must  be  immediately  returned  to  the  waters. 

NON-SALE  OF  GAME  FISH. 

Section  38.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  sell,  ex¬ 
change,  expose,  offer  for  sale,  or  exchange,  or 
have  in  possession  for  sale,  any  black  bass, 
commonly  called  green  trout,  or  white  or  yel¬ 
low  bass,  commonly  called  striped  bass  or  bar- 
fish;  or  crappy,  commonly  called  sac-a-lait,  or 
white  perch,  or  any  species  of  perch  and  sun- 
fish. 


RESTRICTION  OF  SALE. 

Section  39.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  firm  or  cor¬ 
poration  to  sell,  expose,  offer  for  sale  or  ex¬ 
change,  have  in  possession  for  sale,  or  keep  in 


-25- 

cold  storage,  either  for  himself  or  for  others, 
any  species  of  fresh  water  fish,  or  any  part 
thereof,  in  their  fresh  state,  during  the  closed 
seasons  noted  herein,  irrespective  of  the  time 
when,  or  place  where,  such  fish  may  have  been 
killed  or  caught.  Provided  that  fish  caught 
during  the  open  season  may  be  had  in  posses¬ 
sion  for  five  (5)  days  after  the  end  of  the  said 
open  season. 

RESTRICTION  OF  CAPTURE  OF  GAME  FISH. 

Section  40.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  catch  or 
kill  any  black  bass,  commonly  called  green 
trout,  white  and  yellow  bass,  commonly  called 
striped  bass  or  barfish,  crappy,  commonly 
called  sac-a-lait  or  any  species  of  perch  and 
sunfish,  except  by  means  of  rod,  hook  and  line, 
having  not  more  than  five  (5)  sets  of  hooks,  or 
a  hand-line  having  not  more  than  five  (5)  sets 
of  hooks,  or  a  trolling  line  with  spoon  hook 
or  other  artificial  bait  attached  thereto.  Any 
bass  shorter  than  eight  (8)  inches  must  not 
be  had  in  possession.  All  bass  under  that  size 
which  may  be  caught  in  this  manner  must  be 
immediately  returned  to  the  water,  and  all 
bass,  crappy,  perch  and  sunfish  caught  in 
seines  or  hoopnets  must  be  immediately  re¬ 
turned  to  the  water  uninjured. 

REGULATION  OF  SHIPMENTS. 

Section  41.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  to  ship,  carry,  transport, 
or  offer  for  shipment,  within  or  without  the 
State,  any  package  or  barrel  containing  dead 
fish,  unless  said  package  or  barrel  is  plainly 


—26— 


and  clearly  marked  with  the  name  of  the  con¬ 
signor  and  consignee,  with  an  itemized  state¬ 
ment  of  the  number  of  pounds  of  the  fish,  and 
the  names  and  the  species  contained  therein. 
Any  package  or  barrel  otherwise  shipped,  car¬ 
ried  or  offered  for  shipment,  together  with  the 
contents  thereof,  may  be  confiscated  by  any 
conservation  agent  or  duly  authorized  officer. 

REGULATION  OF  SEINES  AND  OTHER  NETS. 

Section  42.  Be  it  further  enacted,  etc.,  That 
rules  and  regulations  not  inconsistent  with  the 
provisions  of  this  Act  relating  to  the  use  of 
seines,  hoop  nets,  trot  lines,  bush  lines,  trow- 
lines,  or  setlines,  in  the  waters  of  the  State 
may  be  adopted  and  promulgated  by  the  Con¬ 
servation  Commission. 

SEIZURE  OF  UNLICENSED  TACKLE. 

Section  43.  Be  it  further  enacted,  etc.,  That 
all  unlicensed  seines  set  or  used  in  or  upon  any 
of  the  waters  or  shores  thereof,  or  islands  of 
the  State,  are  hereby  declared  to  be  public  nui¬ 
sances  and  may  be  seized  by  any  Conservation 
Agent. 

PROHIBITED  TACKLE. 

Section  44.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  have  in 
possession  any  jack  or  head  or  other  light,  fyke- 
net,  gill-net,  or  trammel-net.  Possession  of 
said  article  shall  be  prima  facie  evidence  that 
the  same  is  kept  for  unlawful  use  and  they 
may  be  seized  by  any  officer  authorized  to  en¬ 
force  the  fish  laws. 


-27- 


permanent  MEANS  OF  TAKING  HSH. 

Section  45.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  place, 
build,  erect,  fasten  to  stakes,  floats  or  buoys, 
or  use  any  gill-nets,  trammel-nets,  fyke-nets  or 
any  permanently  set  means  for  taking  fish  in 
the  waters  of  the  State. 

FISH  OR  TACKLE  AS  EVIDENCE  OF 
VIOLATIONS. 

Section  46.  Be  it  further  enacted,  etc.,  That 
in  all  cases  of  arrest  for  violation  of  the  pro¬ 
visions  of  this  Act,  the  possession  of  the  fish  or 
nets,  or  seines,  or  lines,  or  the  possession  or 
operation  of  any  other  device  herein  prohibited 
shall  be  prima  facie  evidence  of  the  violation 
of  this  Act. 

: ■  i 

TAKING  OF  FISH  FOR  CULTURAL  PURPOSES. 

Section  47.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission  may  take  fish  of 
any  kind,  when,  where,  and  in  such  manner  as 
may  be  necessary,  for  the  purpose  of  science 
and  of  cultivation  and  distribution,  and  they 
may  grant  written  permits  to  other  persons  for 
the  same  purposes,  and  may  introduce  or  per¬ 
mit  to  be  introduced  any  kind  of  fish  into  any 
waters.  They  may,  after  a  hearing,  set  apart, 
for  a  term  not  exceeding  ten  (10)  years,  any 
waters  in  the  State  for  the  purpose  of  propa¬ 
gation,  or  for  the  use  of  the  United  States 
Bureau  of  Fisheries.  The  order  setting  apart 
such  waters  shall  be  recorded  in  the  Registry 
of  Deeds  of  the  Parish  in  which  they  are  sit¬ 
uated.  They  may  erect  and  maintain  such  fix- 


—28- 


tures  as  are  necessary  for  the  purpose  of  prop¬ 
agation  and  maintenance. 

TRESPASS  ON  PROPERTY  IN  CHARGE  OF 
COMMISSION. 

Section  48.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  wilfully 
enter  in  or  upon  any  building  or  other  struc¬ 
ture,  or  any  area  of  land  or  water,  set  apart 
and  used  by  or  under  the  authority  of  the  Con¬ 
servation  Commission  for  conducting  scientific 
experiments  or  investigations,  or  for  the  cul¬ 
ture,  dissemination  and  distribution  of  fish, 
birds  or  game,  after  said  Commission  has  print¬ 
ed  notices  of  such  occupation  and  use  and  the 
purposes  thereof,  to  be  placed  in  a  conspicuous 
position  adjacent  to  any  such  areas  of  land  or 
water,  or  upon  any  such  building  or  other 
structure,  or  to  wilfully  and  maliciously  injure 
or  deface  any  such  building,  or  other  structure 
or  any  notice  posted  as  aforesaid,  or  injure  or 
destroy  any  property  used  in  such  experiments 
or  investigations,  or  to  otherwise  interfere 
therewith. 

PURCHASE  OF  SPAWN  BY  COMMISSION. 

Section  49.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission  may  purchase 
from  persons,  firms  or  corporations,  fish  roe  or 
fish  eggs,  giving  in  exchange  or  in  considera¬ 
tion  therefor,  a  percentage  of  the  young  fish 
hatched  or  produced  at  any  of  the  fish 
hatcheries  of  the  State  from  the  eggs  so  pur¬ 
chased;  and  the  placing  of  such  young  fish  in 
waters,  on  the  land  of  such  persons,  firms  or 
corporations,  shall  not  be  deemed  a  stocking  of 
such  waters  with  fish  by  the  State. 


—29- 


introduction  OF  SPAWN  AND  FISH. 

Section  50.  Be  it  further  enacted,  etc.,  That 
no  spawn  or  fish  of  any  species  from  without 
the  State  shall  be  liberated  within  the  State,  ex¬ 
cept  upon  written  permission  of  the  Conserva¬ 
tion  Commission. 

RESTOCKING  OF  PUBLIC  WATERS. 

Section  51.  Be  it  further  enacted,  etc.,  That 
the  Conservation  Commission,  upon  the  peti¬ 
tion  of  the  Police  Jury  of  a  Parish,  may  stock 
the  waters  of  any  stream,  bayou,  lagoon,  lake 
or  river,  with  such  fish  as  they  judge  to  be  best 
suited  to  such  waters.  The  Commission  may 
thereupon  prescribe  for  a  period  not  exceed¬ 
ing  three  years  such  reasonable  regulations  rel¬ 
ative  to  the  fishing  in  such  streams  and  tribu¬ 
taries  as  they  deem  to  be  for  the  public  inter¬ 
est,  and  shall  cause  such  regulations  to  be  en¬ 
forced. 

SPECIAL  CLOSED  SEASON  ON  FISH. 

Section  52.  Be  it  further  enacted,  etc.,  That 
whenever  they  deem  it  for  the  best  interest 
of  the  State,  the  Conservation  Commission  may 
entirely  prohibit  the  taking  of  any  kind  of 
fresh  water  fish,  in  any  part  of  the  State,  for  a 
series  of  years  not  exceeding  three.  They  may 
adopt,  and  from  time  to  time  modify  or  repeal 
such  needful  rules  and  regulations  not  con¬ 
trary  to  the  laws  of  the  State,  as  they  may 
deem  necessary  or  proper  for  the  protection 
and  preservation  of  the  fish  of  the  State,  in 
conformity  with  the  provisions  of  this  Act. 


-30- 

obstruction  OF  STREAMS. 

Section  53.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  obstruct, 
by  means  of  any  rack,  screen,  wTire  or  other¬ 
wise,  any  bayou,  lagoon,  lake,  bay,  river,  or 
other  body  of  water,  to  prevent  the  passage  of 
fish  protected  by  law. 

OWNERSHIP  OF  FISH  IN  CONFINEMENT. 

Section  54.  Be  it  further  enacted,  etc.,  That 
all  fish  propagated  and  maintained  in  confine¬ 
ment  shall  be  the  property  of  the  person  so 
propagating  and  maintaining  them,  provided 
that  they  shall  not  be  sold  during  the  closed 
season  for  similar  fish. 

“PUDDLING”  OF  WATERS. 

Section  55.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  an  yperson  to  muddy 
or  “  puddle  ”  any  waters  for  the  purpose  of 
taking  fish  thereby. 

SCREENING  OF  INTAKE  PIPES. 

Section  56.  Be  it  further  enacted,  etc.,  That 
all  “ intake  pipes”  used  for  the  purpose  of 
taking  up  water  for  irrigating  lands  shall  be 
provided  with  a  “screen”  to  keep  fish  from 
being  taken  into  said  intake  pipes  and  subse¬ 
quently  pumped  out  on  the  land.  Said 
“screen”  shall  be  made  of  four  by  four  (4x4), 
and  shall  not  be  less  than  ten  (10)  feet  square; 
the  outer  side  of  same  to  be  covered  with  wire 
screening  of  not  more  than  one-quarter-inch 
mesh ;  provided  that  this  shall  not  apply  to  in- 
tak  pipes  in  the  Mississippi  River. 


—31— 

DYNAMITING  AND  POLLUTION  OF  STREAMS. 

# 

Section  57.  Be  it  further  enacted,  etc.,  That 
in  order  to  prevent  the  killing  of  fish,  it  shall 
be  unlawful  for  any  person  to  throw  or  place 
dynamite,  lyddite,  gunpowder,  cartridge,  can¬ 
non  crackers,  or  any  other  explosive,  or  to 
throw  or  place  acids,  or  lime  which  has  not 
been  used  in  manufacturing  or  commercial 
processes,  india  berries,  sawdust,  green  wal¬ 
nuts,  walnut  leaves,  or  any  other  deleterious 
substance,  into,  or  on,  or  where  it  will  run  into, 
the  waters  of  the  bayous,  lagoons,  ponds,  lakes, 
bays,  rivers,  sound,  or  in  the  Gulf  of  Mexico 
within  the  territory  of  jurisdiction  of  this 
State. 

PENALTIES. 

Section  58.  Be  it  further  enacted,  etc.,  That 
any  person  violating  the  provisions  of  the  fore¬ 
going  section  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  shall  on  conviction  thereof  pay 
the  costs  of  the  prosecution  and  be  imprisoned 
in  the  parish  jail  for  not  less  than  five  (5)  days 
and  more  than  twelve  (12)  months,  at  the  dis¬ 
cretion  of  the  court  and  subject  to  work  on 
the  public  roads  as  provided  by  law,  and  in  the 
event  of  the  costs  not  being  paid,  an  additional 
day  for  each  day  of  the  jail  sentence  shall  be 
decreed  by  the  court. 

PROTECTION  OF  DIAMOND  BACK  TERRAPIN. 

Section  59.  Be  it  further  enacted,  etc..  That 
no  person  within  the  State  of  Louisiana  shall 
kill,  catch,  have  in  possession,  or  attempt  to 
kill,  catch,  or  hold  in  possession,  living  or  dead, 
any  diamond-back  terrapin,  or  purchase  or  of- 


fer  for  sale  any  such  terrapin  after  same  has 
been  killed  or  caught,  except  as  otherwise  per¬ 
mitted. 


SIZE  LIMIT  ON  TERRAPINS. 

Section  60.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill, 
snare,  trap,  or  in  any  way  take,  capture,  annoy 
or  destroy,  any  diamond-back  terrapin  of  a 
less  size  than  five  and  one-half  (5 y2)  inches  in 
length,  measuring  the  length  of  the  lower,  or 
under  shell,  nor  shall  any  diamond-back  ter¬ 
rapin  be  caught  or  sold  between  the  15th  day 
of  April  and  the  15th  day  of  June  . 

OWNERSHIP  OF  TERRAPINS  IN  CONFINEMENT 

Section  61.  Be  it  further  enacted,  etc.,  That 
diamond-back  terrapin  artificially  propagated 
and  maintained  shall  be  the  property  of  the 
person  propagating  and  maintaining  them.  Any 
person,  firm  or  corporation  legally  engaged  in 
their  culture  or  maintenance,  or  who  has  legal 
ownership  of  them  by  purchase  or  otherwise, 
may  keep  them  in  his  or  their  own  waters  at 
pleasure,  may  have  and  keep  them  in  their 
own  possession  for  purposes  properly  connect¬ 
ed  with  said  culture  and  ownership  and  main¬ 
tenance,  and  may  at  all  times  sell,  or  other¬ 
wise  dispose  of  them,  but  shall  not  sell  them 
for  food  at  seasons  during  which  their  capture 
or  possession  is  prohibited  by  this  Act. 

SHIPMENT  OF  TERRAPINS. 

Section  62.  Be  it  further  enacted,  etc.,  That 
all  barrels,  boxes  and  packages,  containing 
diamond-back  terrapin,  when  shipped  without 


—33— 


the  State,  shall  be  plainly  and  clearly  marked 
with  the  name  of  the  consignor  and  consignee, 
with  a  statement  of  the  number  of  terrapin 
contained  therein,  and  said  barrels,  boxes  and 
packages  shall  be  so  constructed  as  to  plainly 
show  their  contents.  All  barrels,  boxes  and 
packages,  containing  diamond-back  terrapin, 
when  shipped  without  the  State,  shall  be  plain¬ 
ly  and  clearly  marked  with  the  name  of  the 
consignor  and  consignee,  with  a  statement  of 
the  number  of  terrapin  contained  therein,  and 
said  barrels,  boxes  and  packages  shall  be'  so 
constructed  as  to  plainly  show  their  contents. 
All  barrels,  boxes  and  packages  otherwise 
shipped  may  be  confiscated,  together  with  the 
contents  thereof,  by  any  Conservation  Agent 
or  other  duly  authorized  officer.  Any  person 
violating  the  provisions  of  the  sections  of  this 
Act  relative  to  diamond-back  terrapin  shall  be 
guilty  of  a  misdemeanor,  and  shall,  on  convic¬ 
tion  thereof,  pay  the  costs  of  prosecution  and 
be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  or  be  imprisoned  in  the 
parish  jail  for  not  less  than  five  days  nor  more 
than  three  months,  or  be  subject  to  both  fine 
and  imprisonment,  at  the  discretion  of  the 
court. 

TERRAPIN  DEALERS’  LICENSE. 

Section  63.  Be  it  further  enacted,  etc.,  That 
any  person,  firm  or  corporation  resident  of  this 
State  engaged  in  the  buying  and  selling  of  dia¬ 
mond-back  terrapin  shall  secure  frbm  the  Con¬ 
servation  Commission  a  license,  the  charge  for 
which  shall  be  twenty-five  ($25.00)  dollars. 

Any  person,  firm  or  corporation  resident  of 
this  State  engaged  in  buying,  selling  and  ship- 


-34- 


ping  of  diamond-back  terrapin  shall  secure 
from  the  Conservation  Commission  a  license, 
the  charge  for  which  shall  be  one  hundred 
($100.00)  dollars;  any  person,  firm  or  corpora¬ 
tion  not  a  resident  of  this  State,  or  any  unnat¬ 
uralized  foreign  born  resident  of  this  State,  en¬ 
gaged  in  buying,  selling  or  shipping  of  dia¬ 
mond-back  terrapin  shall  secure  from  the  Con¬ 
servation  Commission  a  license,  the  charge  for 
which  shall  be  two  hundred  ($200.00)  dollars. 

Section  64.  Be  it  further  enacted,  etc.,  That 
the  following  definitions  and  constructions  are 
made  part  of  and  shall  be  used  in  construing 
the  meaning  and  purposes  of  this  Act,  to-wit : 

DEFINITION  AND  CONSTRUCTIONS. 

“Commission”  is  synonymous  with  Conserv¬ 
ation  Commission. 

“Person”  includes  co-partnership,  joint 
stock  company  or  corporation. 

“Open  Season”  is  the  time  during  which 
fish,  fowl,  birds  and  wild  quadrupeds  may  be 
taken. 

“Closed  Season”  is  the  time  during  which 
fish,  fowl,  birds  and  wild  quadrupeds  cannot 
be  taken. 

“Game”  includes  wild  game,  domestic  game, 
and  imported  game. 

“Wild  Deer”  includes  all  deer  not  lawfully 
held  in  private  ownership  in  a  preserve  wholly 
enclosed  by  a  fence. 

“Fawns”  are  declared  to  be  young  deer  with 
spots  thereon. 

“Plumage”  includes  any  part  of  the  feath¬ 
ers,  head,  wings  or  tail  of  any  birds,  and 
wherever  the  word  occurs  in  this  act  reference 
is  had  to  plumage  of  birds  coming  from  with- 


—35- 


out  the  State,  as  well  as  that  obtained  within 
the  State,  but  it  shall  not  be  construed  to  apply 
to  feathers  of  game  birds,  birds  of  paradise, 
ostrich,  domestic  fowl  or  domestic  pigeons,  or 
birds  not  protected  by  this  Act.  Where  lands 
are  referred  to  as  “ enclosed ”  or  “wholly  en¬ 
closed,  ”  the  boundary  may  be  indicated  by 
wire,  ditch,  hedge,  fence,  roadway,  water  or  by 
any  visible  or  distinctive  manner  which  indi¬ 
cates  a  separation  from  the  surrounding  con¬ 
tiguous  territory. 

“Take”  includes  pursuing,  shooting,  hunt¬ 
ing,  killing,  catching,  trapping,  snaring,  and 
netting  fish  or  game,  and  all  lesser  acts. 
Wherever  in  this  Act  the  possession,  purchase 
or  sale  of  game,  or  the  flesh  of  any  animal,  or 
bird  is  prohibited,  reference  is  had  equally  to 
such  game  or  flesh  coming  from  without  the 
State,  as  to  that  taken  within  the  State. 

A  “wild  quadruped,”  as  referred  to  in  this 
Act,  shall  be  taken  to  include  any  four-footed 
animal  or  reptile,  except  turtle,  in  its  wild 
state  and  shall  embrace  all  four-footed  animals 
and  four-footed  reptiles,  including  fur-bear¬ 
ing  animals,  game  animals,  alligators  and  ter¬ 
rapin. 

A  “barrel”  is  any  receptacle  capable  of  con¬ 
taining  not  exceeding  two  and  three-quarter 
(2%)  bushels.  If  its  capacity  be  less,  it  shall 
nevertheless  be  considered  and  treated  and 
paid  for  as  a  barrel. 

“Hoopnets”  must  be  made  only  of  twine 
with  a  mesh  not  exceeding  six  inches  stretched 
or  three-inch  bar  between  knot  and  knot.  The 
use  of  hoopnets  or  other  similar  devices  made 
of  wire  is  prohibited.  Any  person  violating 
this  provision  shall  be  deemed  guilty  of  a  mis- 


-36- 


demeanor,  and  upon  conviction  shall  be  pun¬ 
ished  as  provided  in  this  act. 

GENERAL  PENALTIES. 

Section  65.  Be  it  further  enacted,  etc.,  That 
any  person  violating  any  of  the  provisions  of 
this  Act,  where  a  punishment  has  not  been 
otherwise  provided,  shall  be  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  thereof  by  any 
court  of  competent  jurisdiction  shall  be  liable 
to  a  fine  of  not  less  than  twenty-five  dollars 
$25.00),  nor  more  than  one  hundred  dollars 
($100.00)  dollars,  or  be  subject  to  imprison¬ 
ment  for  not  less  than  thirty  (30)  days,  or  be 
liable  to  both  fine  and  imprisonment  in  the  dis¬ 
cretion  of  the  court. 

Section  66.  Be  it  further  enacted,  etc.,  That 
all  laws  or  parts  of  laws  in  conflict  herewith, 
be  and  the  same  are  hereby  repealed  and  es¬ 
pecially  Act  132  of  1910. 


PROTECTION  OF  DIAMON-BACK  TER¬ 
RAPIN— ACT  50  OF  1910. 

(All  sections  of  this  Act  except  Section  3 
have  been  superseded  by  Act  204  of  1912,  as 
amended  by  Act  47  of  1914). 

Section  3.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  molest 
any  nest  or  the  eggs  of  the  Diamond-back  Ter¬ 
rapin  or  have  any  such  eggs  in  possession. 


-37- 

PROTECTION  OF  ELK— ACT  46  OF  1914. 


An  ACT 

To  authorize  and  empower  the  Conservation 
Commission  to  bring  into  this  State,  or  to 
permit  the  bringing  into  this  State,  Elk  or 
Elk  kind,  and  to  place  and  confine,  or  to 
have  placed  or  confined,  any  such  Elk  or 
Elk  kind,  upon  any  propagating  ground, 
or  upon  any  game  preserve,  or  to  liberate, 
or  have  the  same  liberated  within  this 
State ;  to  prohibit  the  pursuing,  hounding, 
taking,  wounding  or  killing  of  any  such 
Elk  or  Elk  kind;  to  provide  for  the  pun¬ 
ishment  for  violations  of  this  Act  ,and  to 
fix  the  penalties  therefor,  and  to  repeal  all 
laws  inconsistent  with  this  Act. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  the  Con¬ 
servation  Commission  be  and  is  hereby  author¬ 
ized  and  empowered  to  bring  into  this  State,  or 
to  have  brought  into  this  State,  or  to  permit  to 
be  brought  into  this  State,  Elk  or  Elk  kind, 
and  to  have  such  Elk  or  Elk  kind  placed  or 
confined  upon  any  propagating  ground,  or  upon 
any  game  preserve  or  to  liberate  or  permit  to 
be  liberated,  any  Elk  or  Elk  kind  at  any  point 
or  points  wfithin  this  State  at  the  discretion  of 
the  said  Conservation  Commission. 

Section  2.  Be  it  further  enacted,  etc.,  That 
no  person  shall  pursue,  hound,  take,  wound, 
capture,  kill  or  destroy  an  Elk  or  Elk  kind 
during  a  period  of  five  years  from  and  after 
the  passage  of  this  Act. 

Section  3.  Be  it  further  enacted,  etc.,  That 
any  person  who  violates  any  of  the  provisions 
of  this  Act  shall  be  guilty  of  a  misdemeanor 


—38— 


and  upon  conviction  shall  be  fined  a  sum  of  not 
less  than  twenty-five  dollars  and  not  exceeding 
one  hundred  dollars,  or  imprisoned  for  a  term 
of  not  less  than  two  months,  nor  more  than 
one  year,  or  such  persons  so  convicted  may  be 
both  fined  and  imprisoned  at  the  discretion  of 
the  Court. 

Section  4.  Be  it  further  enacted,  etc.,  That 
all  laws  or  parts  of  laws  inconsistent  with  or 
contrary  to  the  provisions  of  this  Act,  be  and 
the  same  are  hereby  repealed. 


PROTECTION  OF  DEER— ACT  142 
OF  1910. 

(All  sections  of  this  Act  except  those  here 
published  have  been  superseded  by  the  provi¬ 
sions  with  regard  to  deer  in  the  General  Fish 
and  Game  Act,  204  of  1912  as  amended  by  Act 
47  of  1914) . 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  all  Wild 
Deer  found  in  this  State  shall  be  and  are  here¬ 
by  declared  to  be  the  property  of  the  State. 

Section  2.  Be  it  further  enacted,  etc.,  That 
no  person  shall  kill,  catch,  have  in  possession, 
or  attempt  to  kill,  catch,  have  in  possession,  liv¬ 
ing  or  dead,  any  wild  deer  after  same  has  been 
killed  or  caught,  except  as  otherwise  permitted. 

Section  5.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  hunt  or 
kill  wild  deer  between  the  hours  of  sunset  and 
sunrise,  or  kill  deer  when  in  water,  or  when 
driven  to  the  high  land  by  overflow  or  high 
water  at  any  time. 


-39- 


Section  6.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  hunt 
or  kill  wild  deer  with  any  gun,  or  other  fire¬ 
arm  with  any  device  for  deadening  the  sound 
of  the  explosion  attached  or  fitted  thereto, 
which  device  is  commonly  called  a  silencer. 

Section  7.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  snare, 
trap  or  capture  wild  deer,  unless  done  by  or¬ 
der  of  the  Board  of  Commissioners  for  the  Pro¬ 
tection  of  Birds,  Game  and  Pish,  for  purposes 
of  restocking,  breeding  and  propagation. 


PROTECTION  OF  BEARS— ACT  268 
OF  1910. 

An  ACT, 

For  the  protection  of  bears;  to  provide  the 
manner  in  which  said  animals  may  be 
killed ;  to  fix  the  seasons  in  which  said  ani¬ 
mals  may  be  killed ;  to  authorize  the  hunt¬ 
ing  of  said  animals,  and  to  provide  for  the 
punishment  of  violations  of  this  Act. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  all  bears 
found  in  this  State  shall  be  and  are  hereby  de¬ 
clared  to  be  the  property  of  the  State. 

Section  2.  Be  it  further  enacted,  etc.,  That 
no  person  within  the  State  of  Louisiana  shall 
kill,  catch,  have  in  possession,  or  attempt  to 
kill,  catch  or  hold  in  possession,  living  or  dead, 
any  bear,  or  purchase  or  offer  for  sale  any 
bear,  after  same  has  been  killed  or  caught,  ex¬ 
cept  as  otherwise  permitted. 


-40- 

prohibition  OF  TRAPPING. 

Section  3.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  trap,  or 
attempt  to  trap  a  bear  at  any  time. 

CLOSED  SEASON. 

Section  4.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  to  catch  or  kill  any  bear 
between  the  first  day  of  February  and  the  first 
day  of  November  of  any  year.  This  Act  does 
not  prevent  the  owner  from  catching  or  killing 
bears  on  his  own  premises  at  any  time  while 
actually  injuring  property. 

PROTECTION  OF  BEARS  ON  GAME  AND  FISH 
PRESERVES. 

Section  5.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  to  kill,  pur¬ 
sue,  take,  snare,  have  in  possession  or  injure 
by  any  means,  upon  land  or  water  of  any  game 
or  fish  preserve  in  any  parish  of  the  State, 
whether  enclosed  or  unenclosed,  that  may  be 
designated  and  set  apart  by  the  Board  of  Com¬ 
missioners  for  the  Protection  of  Birds,  Game 
and  Fish  as  game  and  fish  propagating  and 
breeding  grounds,  any  bear,  except  under  regu¬ 
lations  of  the  Board  of  Commissioners  for  the 
protection  of  Birds,  Game  and  Fish,  the  killing 
or  having  in  possession  of  each  such  animal 
shall  constitute  a  separate  offense. 

EXPORTATION. 

Section  6.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  firm,  cor¬ 
poration,  or  common  carriers,  its  officers,  agents 
or  servants,  to  ship,  carry,  take  or  transport 


—41— 


beyond  the  confines  of  the  State,  any  bear  at 
any  time;  except  under  written  permission  of 
the  Board  of  Commissioners  for  the  Protection 
of  Birds,  Game  and  Pish. 

LICENSE  AN  ABSOLUTE  REQUIREMENT. 

Section  7.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  resident  to  hunt 
bears  within  the  State  on  other  than  lands 
which  he  owns,  leases  or  rents,  unless  he  is 
the  owner  of  the  hunting  license  provided  by 
law,  and  shall  exhibit  same  on  demand  of  any 
warden  or  officer. 

Section  8.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  non-resident  or  un¬ 
naturalized  foreign-born  resident,  to  hunt  bears 
within  the  State  unless  he  has  in  his  posses¬ 
sion  the  hunting  license  provided  by  law  for 
such  persons,  and  shall  exhibit  same  on  de¬ 
mand  of  any  warden,  or  officer. 

All  non-residents  coming  into  the  State  to 
hunt  bears  shall  report  in  writing  upon  arri¬ 
val  at  their  destination  to  the  Parish  Game 
Warden. 


PENALTIES. 

Section  9.  Be  it  further  enacted,  etc.,  That 
any  person,  firm  or  corporation  or  common  car¬ 
rier,  their  agents  and  officers,  violating  any  of 
the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  convic¬ 
tion  thereof,  pay  the  costs  of  the  prosecution, 
and  be  fined  not  less  than  five  dollars  ($5.00) 
nor  more  than  one  hundred  dollars  ($100.00), 
or  be  imprisoned  in  the  parish  jail  for  not  less 
than  one  day  (1),  nor  more  than  sixty  (60) 


-42- 


days,  or  both  fine  and  imprisonment  at  the  dis¬ 
cretion  of  the  court,  for  each  offense,  in  addi¬ 
tion  thereto  the  holder  of  a  hunting  license 
found  guilty  of  violating  any  of  the  provisions 
of  this  Act  before  a  competent  court  shall  for¬ 
feit  said  license  and  all  further  hunting  priv¬ 
ileges  during  the  current  season. 

Section  10.  Be  it  further  enacted  ,etc.,  That 
all  fines  collected  under  the  provisions  of  this 
Act  shall  be  paid  to  the  Treasurer  of  the 
School  Funds  for  the  use  of  the  Public  Schools 
of  the  parish  in  which  the  violations  occurred; 
the  sheriff  to  receive  ten  per  cent  for  the  col¬ 
lection  of  said  fines  turned  over  to  the  Treas¬ 
urer. 

Section  11.  Be  it  further  enacted,  etc.,  That 
all  laws  or  parts  of  laws  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed  and 
superseded. 


PROTECTION  OF  NON-GAME  BIRDS— 
-ACT  198  OF  1906. 

An  ACT 

For  the  protection  of  birds,  other  than  game 
birds,  and  their  nests  and  eggs;  specify¬ 
ing  which  species  are  non-game  birds ;  pro¬ 
hibiting  trespass  on  bird  breeding  islands ;’ 
prohibiting  trapping;  providing  that  such 
birds  may  be  killed  under  certain  condi¬ 
tions  ;  providing  for  the  punishment  of  vio¬ 
lators  thereof,  and  the  dispositions  of  all 
fines. 


-43- 

definition  OF  NON-GAME  BIRDS. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  all  wild 
birds,  other  than  game  birds,  both  resident  and 
migratory,  in  this  State,  shall  be,  and  are  here¬ 
by  declared  to  be  the  property  of  the  State. 

DEFINITION  OF  GAME  BIRDS. 

Section  2.  Be  it  further  enacted,  etc.,  That 
for  the  purpose  of  this  Act,  the  following  shall 
be  considered  game  birds:  Geese,  brant,  wild 
ducks,  wood  ducks,  rails  (mud  hens),  coots 
(poule  d’eau),  gallinules,  snipe,  woodcock, 
sand  pipers  (chorooks  and  papabottes),  tatt¬ 
lers,  curlew,  plover,  wild  turkey,  imported 
pheasants,  grouse  (pheasants),  prairie  chick¬ 
ens,  sand  hill  cranes,  ortolans  or  cedar  birds, 
quail  and  doves.  All  other  species  of  wild  res¬ 
ident  and  migratory  birds  shall  be  considered 
non-game  birds. 

Section  3.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  within  the  State  of  Lou¬ 
isiana,  to  kill,  catch  or  have  in  possession,  liv¬ 
ing  or  dead,  any  resident  or  migratory  wild 
bird  other  than  a  game  bird,  or  purchase,  offer, 
or  expose  for  sale  any  such  wild  non-game  bird, 
after  it  has  been  killed  or  caught  except  as  per¬ 
mitted  by  this  Act. 

NON-SALE  OF  PLUMAGE. 

Section  4.  Be  it  further  enacted,  etc.,  That 
no  part  of  the  plumage,  skin  or  body  of  any 
bird,  protected  by  this  Act,  shall  be  sold  or 
had  in  possession  for  sale,  irrespective  of  the 
time  when,  or  the  place  where,  such  bird  may 
have  been  killed  or  caught. 


44- 


protection  OF  NESTS  AND  EGGS. 

Section  5.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  within  the 
State  of  Louisiana,  to  take  or  destroy,  or  at¬ 
tempt  to  take  or  destroy  the  nest  or  the  eggs 
of  any  wild  birds  other  than  a  game  bird,  or 
or  have  such  nest  or  eggs  in  his  or  their  pos¬ 
session,  except  as  permitted  by  this  Act. 

BREEDING  RESERVATIONS. 

Section  6.  Be  it  further  enacted  ,etc.,  That 
any  person  or  society  organized  under  the 
laws  of  this  State,  desiring  to  prevent  trespass 
upon  any  land,  enclosed  or  otherwise,  or  upon 
any  island  within  the  boundaries  of  the  State 
of  Louisiana,  dedicated  to  the  purpose  of  breed¬ 
ing  and  protecting  birds  protected  by  this  Act 
shall  post  same  with  suitable  signs,  located  not 
less  than  every  lineal  one-half  mile  along  the 
boundary  lines  of  said  lands  or  island ;  and  it 
shall  be  unlawful  for  any  person  to  trespass 
upon  any  such  land  or  island.  Any  person  or 
persons  found  so  doing  may  be  arrested  on 
sight  by  any  warden  or  other  officer  authorized 
by  law.  In  the  event  of  a  conviction,  said  per¬ 
son  or  persons  shall  each  be  fined  not  less  than 
ten  dollars  ($10.00)  nor  more  than  twenty-five 
dollars  ($25.00),  or  be  imprisoned  in  the  parish 
jail  for  not  less  than  ten  (10)  days,  nor  more 
than  thirty  (30)  days,  or  to  be  both  fined  and 
imprisoned,  and  shall  further  be  liable  to  the 
penalties  imposed  by  law  for  the  killing  of 
birds  or  game,  or  the  taking,  or  attempting  to 
take  of  eggs,  or  disturbing  nests. 


—45- 

trapping. 

Section  7.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person,  within  the 
State  of  Louisiana,  at  any  time,  to  use  or  set 
a  trap,  cage,  net  or  other  device  for  the  purpose 
of  catching  wild  birds.  Any  person  or  persons 
found  so  doing,  may  be  arrested  on  sight,  by 
any  warden  or  other  officer,  authorized  by  law. 
In  the  event  of  a  conviction  said  person  or  per¬ 
sons  shall  each  be  fined  not  less  than  five  dol¬ 
lars  ($5.00)  nor  more  than  ten  dollars  ($10.00) 
or  be  imprisoned  in  the  parish  jail  for  not 
less  than  five  (5)  days,  nor  more  than  ten  (10) 
days,  or  be  both  fined  and  imprisoned.  All 
wardens  or  other  officers  are  hereby  given  au¬ 
thority  to  confiscate  all  traps,  cages,  nets  or 
other  devices,  which  they  may  find  set  or  being 
used  for  the  purpose  of  catching  wild  non-game 
birds,  and  it  shall  be  the  duty  of  said  officers 
to  liberate  any  birds  found  in  possession,  con¬ 
trary  to  the  provisions  of  this  Act. 

This  Act  does  not  prevent  any  householder 
from  keeping  one  resident  and  one  migratory 
bird  in  a  cage  as  a  pet,  provided  it  is  not  kept 
for  sale,  and  that  it  shall  not  be  shipped  be¬ 
yond  the  confines  of  the  State. 

EXPORTATION. 

Section  8.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  person  or  persons 
or  any  corporation  acting  as  a  common  car¬ 
rier,  its  officers,  agents  or  servants  to  receive 
for  shipmemnt,  ship,  carry,  take  or  transport, 
either  within  or  beyond  the  confines  of  the 
State,  any  resident  or  migratory  wild  non-game 
bird,  except  as  permitted  by  this  Act. 


— 4*6 — 

SCIENTIFIC  COLLECTING  LICENSES. 

Section  9.  Be  it  further  enacted,  etc.,  That 
certificates  may  be  granted  by  the  Secretary 
of  State  to  any  properly  accredited  person  of 
the  age  of  fifteen  years  and  upwards,  permit¬ 
ting  the  holder  to  collect  birds,  their  nests  or 
eggs,  for  strictly  scientific  purposes  only.  In 
order  to  obtain  such  certificate,  the  applicant 
for  same  must  present  to  the  Secretary  of 
State  endorsements  from  two  well  known  or¬ 
nithologists,  one  of  whom  shall  be  a  resident 
of  the  State,  certifying  to  the  good  character 
and  fitness  of  said  aplicant  to  be  entrusted 
with  such  privilege,  and  must  pay  to  said  offi¬ 
cer  one  dollar  ($1.00)  to  defray  the  necessary 
expense  attending  the  granting  of  such  certi¬ 
ficate. 

On  proof  that  the  holder  of  such  certificate 
has  captured  or  killed  any  bird,  or  taken  the 
nest  or  eggs  of  any  bird,  for  other  than  scien¬ 
tific  purposes,  the  certificate  shall  become  void, 
and  he  shall  be  liable  to  a  fine  of  not  less  than 
fifty  dollars  ($50.00)  nor  more  than  one  hun¬ 
dred  dollars  ($100.00),  or  imprisonment  for 
not  less  than  ten  (10)  days,  or  more  than  thir¬ 
ty  (30)  days,  or  both  fine  and  imprisonment. 

Section  10.  Be  it  further  enacted,  etc.,  That 
the  certificates  authorized  by  this  Act  shall 
expire  on  the  31st  day  of  December,  of  the  year 
issued,  and  shall  not  be  transferable,  and  may 
be  withheld  or  cancelled  at  the  discretion  of  the 
Secretary  of  State. 

A  statement  showing  the  particulars  re¬ 
garding  the  issuance  of  such  certificate,  shall 
be  immediately  forwarded  by  the  Secretary  of 
State  to  the  Board  of  Commissioners  for  the 
Protection  of  Birds,  Game  and  Fish. 


—47— 

OUTLAWED  BIRDS. 

Section  11.  Be  it  further  enacted,  etc.,  That 
the  English  sparrow,  Cooper’s  hawk,  duck 
hawk,  sharp-shinned  hawk,  and  great  horned 
owl,  are  not  included  among  the  birds  pro¬ 
tected  by  this  Act. 

This  Act  does  not  prevent  any  person  from 
killing  crows,  crow  blackbirds  or  red-winged 
black  birds,  on  his  premises,  if  destructive  to 
crops,  provided  that  said  birds  are  not  sold  or 
offered  for  sale  or  shipped  out  of  the  State; 
nor  does  it  prevent  the  killing  of  kingfishers 
found  nesting  in  the  levees  of  the  State,  pro¬ 
vided  said  birds  are  not  afterwards  sold  or  of¬ 
fered  for  sale  or  shipped  out  of  the  State. 

PENALTIES. 

Section  12.  Be  it  further  enacted,  etc.,  That 
any  person  violating  any  of  the  provisions  of 
this  Act,  except  Sections  6,  7  and  9,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  liable  to 
a  fine  of  not  less  than  five  dollars  ($5.00)  nor 
more  than  ten  dollars  ($10.00),  or  to  be  im¬ 
prisoned  in  the  parish  jail  for  not  less  than 
five  day  (5)  days,  nor  more  than  ten  (10) 
days,  or  be  both  fined  and  imprisoned  for  each 
bird,  living  or  dead,  or  part  of  a  bird,  or  nest, 
or  set  of  eggs,  or  part  thereof,  taken,  killed, 
captured,  possessed,  sold,  offered  for  sale, 
shipped,  carried  or  transported  in  violation  of 
this  Act. 

Section  13.  Be  it  further  enacted,  etc.,  That 
all  fines  collected  under  the  provisions  of  this 
Act  shall  be  payable  to  the  State  Treasurer, 
for  the  use  of  the  Board  of  Commissioners  for 
the  Protection  of  Birds,  Game  and  Fish,  of 


I 


—48— 

this  State,  except  that  any  person  furnishing 
to  the  game  wardens  or  other  officers,  author¬ 
ized  under  the  laws  of  the  State  to  institute  a 
prosecution,  sufficient  evidence  to  convict  any 
person  or  persons,  or  corporations,  for  viola¬ 
tions  of  the  provisions  of  this  Act,  shall  re¬ 
ceive,  in  case  of  a  conviction,  fifty  per  cent 
(50%)  of  the  fine  collected,  the  same  to  be 
paid  by  a  warrant,  issued  by  the  Board  of  Com¬ 
missioners  for  the  Protection  of  Birds,  Game 
and  Pish. 

CELEBRATION  OF  BIRD  DAY. 

Section  14.  Be  it  further  enacted,  etc.,  That 
the  State  and  Parish  Boards  of  Public  Educa¬ 
tion  are  directed  to  provide  for  the  celebra¬ 
tion,  by  all  public  schools,  of  “Bird  Day,”  on 
May  5th  of  each  year,  being  the  anniversary 
of  the  birth  of  John  James  Audubon,  the  dis¬ 
tinguished  son  of  Louisiana. 

On  the  recurring  anniversary  days,  suitable 
exercises  are  to  be  engaged  in,  and  lessons  on 
the  economic  and  esthetic  value  of  the  resident 
and  migratory  birds  of  the  State  are  to  be 
taught,  by  the  teachers,  to  their  pupils. 

Section  15.  Be  it  further  enacted,  etc.,  That 
all  the  Acts  or  parts  of  Acts  hereunto  incon¬ 
sistent  with  or  contrary  to  the  provisions  of 
this  Act  are  hereby  repealed. 

OPEN  SEASON  ON  SEA  GULLS— ACT  208 
OP  1910. 

An  ACT 

To  regulate  the  killing  of  sea  gulls;  to  fix  an 
open  and  close  season  in  which  they  may 
be  killed ;  to  provide  a  penalty  for  the  vio- 


—49— 


lation  hereof;  and  to  repeal  all  laws  or 
parts  of  laws  in  conflict  herewith. 

Section  1.  Be  it  enacted  by  the  General  As¬ 
sembly  of  the  State  of  Louisiana,  That  it  shall 
be  unlawful  to  kill  or  have  in  possession  in  the 
State  of  Louisiana,  any  sea  gull  between  the 
1st  day  of  February  and  the  1st  day  of  August 
of  any  year. 

Section  2.  Be  it  further  enacted,  etc.,  That 
it  shall  be  unlawful  for  any  licensed  hunter 
in  this  State  to  kill  more  than  fifty  (50)  sea¬ 
gulls  in  any  one  day. 

Section  3.  Be  it  further  enacted,  etc.,  That 
any  person  violating  the  provisions  of  this  Act 
shall  be  fined  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  two  hundred  and  fifty 
dollars  ($250.00),  or  be  imprisoned  not  less 
than  five  (5)  days  nor  more  than  ninety  (90) 
days,  at  the  discretion  of  the  court. 

Section  4.  Be  it  further  enacted,  etc.,  That 
all  laws  and  parts  of  laws  in  conflict  herewith 
be  and  the  same  are  hereby  repealed. 


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